The Infrastructure Bill & Its Effect on Eminent Domain in New York

Herrick's Eminent Domain Practice, Jennifer Polovetsky and Philip A. Sanchez, presented a CLE with Practising Law Institute (PLI).

On November 15, 2021 President Biden signed The Infrastructure Investment and Jobs Act (IIJA), commonly referred to as the Bipartisan Infrastructure Bill, into law. The monumental bill ensures that States will receive vital investment in order to repair/replace aging and crumbling infrastructure like roads, bridges and trains. New York is set to receive the lion’s share of this money. In order to build new infrastructure, especially in New York City, the government may have to acquire property that is in the way. Most of the time, this is accomplished by the government’s exercise of its eminent domain powers under the 5^th Amendment to the U.S. Constitution.

Program Goals

• Explain how eminent domain will be used to implement the IIJA and jumpstart long delayed transit projects, including the alleviation of urban blight
• Provide an overview of eminent domain laws, including: (a) what constitutes a public use; and (b) just compensation for property owners and business tenants
• Discuss procedures for New York eminent domain takings, including sales to the government in lieu of condemnation/eminent domain
• Discuss partial takings, temporary takings, and valuation of trade fixtures